A lawsuit against the FDA wold be premature at this point. There have been no regulations set, and as such, no grounds for a suit. Once the regulations are announced, depending on what they are, you will see a number of suits filed.
The better focus right now would be on state regulations being passed quickly. The states also know that the FDA regulations are coming, and are doing all they can as fast as they can to cash in before the federal regulations limit them. Indiana and Arkansas has already passed draconian regulations, and Washington has proposed some. North Carolina and other states have started levying taxes and requiring licensing for even out-of-state vendors shipping online sales into the state. It will likely continue to be a free-for-all until the FDA regs come down..
You are correct.
To my mind, by the time the FDA starts regulating, there won't be much for them left to do, as it will have already occurred at the local levels. I suspect the FDA's purport will just be packaging, labelling, and warning labels etc.
The real damage will already have been done at the local levels by then,, as they are being done right NOW. As you said, the states need that MSA money, and it never really occurred to me that there wouldn't be taxes. I mean, I would like to think otherwise, but I live in reality.
The local bans (age requirements, banning vaping in certain locations, etc.) are what have been the most damaging and will continue.
Politicians can talk all they want out of both sides of their mouth. Truth is, they are not going to turn down the tax $$$.
What some people don't realize is that they take it from one place and put it in another. Those of you who live in states who lower income tax will see a direct mirror image of other taxes going up, like sales taxes, taxes on gasoline, etc.
This is how they lie to you and make you think your tax burden is being lightened.
Sales taxes are the most regressive, too, and hurt working and poor people the most, while lower income taxes only really help the wealthy and Big business.
I pay taxes on food !!! at the grocery store. This really hurts poorer and working people who have 3 kids, for instance.
Some people seem to believe in the talking points of some of these poltiicians and never bother to "look behind the curtain" at how they are being affected otherwise. The states that are having the worst vaping laws right now (ARKANSAS, INDIANA, North Carolina) are all seriously Red states.
Just telling ya'll not to fall for the talking points which they grab onto and mouth and which they latch onto just to ding the other party. Whether it be Dems or Repub. (no difference to me though anyway) LOL
I really hate being "used" by politicians anyway. As a matter of fact, when they use me to repeat their (lying ) talking points, I detest them even more.